Page 1
April 1, 2024 HB 24-1164
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Revised Fiscal Note
(replaces fiscal note dated February 22, 2024)
Drafting Number:
Prime Sponsors:
LLS 24-0485
Rep. Titone; Willford
Sen. Buckner; Winter F.
Date:
Bill Status:
Fiscal Analyst:
April 1, 2024
House Appropriations
Anna Gerstle | 303-866-4375
anna.gerstle@coleg.gov
Bill Topic: FREE MENSTRUAL PRODUCTS TO STUDENTS
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☐ Local Government
☒ School District
The bill requires that local education providers provide free menstrual products to
students and modifies the menstrual hygiene grant program. The bill increases state
expenditures in FY 2024-25 only and school district expenditures on an ongoing basis.
Appropriation
Summary:
For FY 2024-25, the bill requires an appropriation of $300,000 to the Colorado
Department of Education.
Fiscal Note
Status:
The revised fiscal note reflects the introduced bill, as amended by the House
Education Committee.
Table 1
State Fiscal Impacts Under HB 24-1164
Budget Year
FY 2024-25
Out Year
FY 2025-26
Revenue - -
Expenditures
1
General Fund $300,000 -
Centrally Appropriated $5,912 -
Total Expenditures $305,912 -
Total FTE 0.3 FTE -
Transfers - -
Other Budget Impacts General Fund Reserve $45,000 -
Page 2
April 1, 2024 HB 24-1164
Summary of Legislation
Free menstrual hygiene products. The bill requires that local education providers (LEPs)
provide free menstrual hygiene products to students in:
at least 25 percent of applicable bathrooms by June 30, 2025;
at least 50 percent of applicable bathrooms by June 30, 2026;
at least 75 percent of applicable bathrooms by June 30, 2027; and
all applicable bathrooms by June 30, 2028.
Small rural school districts, the Colorado School for the Deaf and the Blind (CSDB), approved
facility schools, and charter schools located within small rural districts must abide by the
June 30, 2028 deadline, but not the earlier phased-in deadlines. If a school building only serves
kindergarten through sixth grade, the required products may be in a school health or
administration office.
Menstrual hygiene grant program. The bill expands the Menstrual Hygiene Grant Program in
the Colorado Department of Education (CDE) to be available to rural and small rural school
districts and the charter schools located within those districts. The bill also continues the
program reporting requirement indefinitely. For FY 2024-25, the bill requires that the General
Assembly appropriate $400,000 for the grant program, and no more than 10 percent may be
used for administrative costs.
Background
The Menstrual Hygiene Products Accessibility Grant Program was created by Senate Bill 21-255
to provide grants to LEPs to provide free menstrual hygiene products to all students. To qualify,
LEPs must have at least 50 percent of students qualify for free and reduced-price lunch. Funding
is allocated proportionally to any qualifying LEP that applies. The program has been funded at
$100,000 per year; has awarded grants to between 32 and 38 recipients each year. The program
has been managed by existing staff in the CDE since it was created, without a specific allocation
of FTE.
Assumptions
For FY 2024-25, the fiscal note assumes that the required $400,000 in funding identified in the
bill includes the $100,000 currently in the Long Bill, resulting in the need for $300,000 in new
funding for the grant program.
Page 3
April 1, 2024 HB 24-1164
State Expenditures
The bill increases state General Fund expenditures by $306,000 in CDE in FY 2024-25 only. Costs
are shown in Table 2 and discussed below. While required new costs are shown in this fiscal note
for FY 2024-25 only, the General Assembly may set funding in future years, including at the
expanded amount, at its discretion through the annual budget process.
Table 2
Expenditures Under HB 24-1164
FY 2024-25 FY 2025-26
Department of Education
Personal Services $28,133 -
Grants $271,867 -
Centrally Appropriated Costs
1
$5,912 -
Total Cost $305,912 -
Total FTE 0.3 FTE -
Staff costs. CDE requires 0.3 FTE in FY 2024-25 only to administer the grant program. Costs
include coordinating with grantees, managing a larger application and prioritization processes,
and collecting data. Staff is required because the current program does not have dedicated staff,
and the bill expands the number of eligible LEPs and requires LEPs to begin providing the
products. Costs assume a September start date.
Grants. After administrative expenses, $271,867 is remaining for grants to local education
providers. Grant amounts have ranged from $1,000 to $5,000 per participating LEP per year in
recent years, which would serve between 54 and 270 LEPs. Actual grant amounts will be
determined by CDE.
Centrally appropriated costs. Pursuant to a Joint Budget Committee policy, certain costs
associated with this bill are addressed through the annual budget process and centrally
appropriated in the Long Bill or supplemental appropriations bills, rather than in this bill. These
costs, which include employee insurance and supplemental employee retirement payments, are
shown in Table 2.
Other Budget Impacts
General Fund reserve. Under current law, an amount equal to 15 percent of General Fund
appropriations must be set aside in the General Fund statutory reserve. Based on this fiscal note,
the bill is expected to increase the amount of General Fund held in reserve by the amounts
shown in Table 1, decreasing the amount of General Fund available for other purposes.
Page 4
April 1, 2024 HB 24-1164
School District
The bill increases costs for school district to provide free menstrual hygiene costs for students.
Costs will be phased in from FY 2024-25 through FY 2027-28, with costs for small rural districts
beginning in FY 2027-28. Exact costs will vary based on whether districts currently provide these
products, the type of products provided, the number of restrooms and school buildings, the
number of students, and whether school districts choose to access state procurement contracts
for purchasing products. For informational purposes, costs are estimated at between $0.20 to
$5 per student per year.
Some of the school district costs will be offset by funding from the state grant program. Since
the grant program’s inception, grants have ranged from $1,000 to $5,000 per participating LEP
per year, with 35 LEPs receiving funding in FY 2023-24.
Effective Date
The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming
no referendum petition is filed.
State Appropriations
For FY 2024-25, the bill requires a General Fund appropriation of $300,000 to the Colorado
Department of Education, and 0.3 FTE.
State and Local Government Contacts
Education School Districts
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each
fiscal year. For additional information about fiscal notes, please visit the General Assembly website.